Opinion
2012-7056
07-18-2012
EDWARD H. JACKSON, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.
NOTE: This order is nonprecedential.
Appeal from the United States Court of Appeals for Veterans Claims in case no. 10-2663, Chief Judge Bruce E. Kasold.
ON MOTION
Before NEWMAN, Circuit Judge.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Edward H. Jackson's appeal for lack of jurisdiction. Jackson has not filed a response.
We deem it the better course to deny the Secretary's motion without prejudice and request that the Secretary file a brief. Based upon the papers submitted, we note that the appeal might present a legal question with regard to whether the Veterans Court and Board properly determined Jackson was not competent to relate his current back disability to his period of service. The Secretary may of course raise any jurisdictional issues in his brief.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is denied.
(2) The Secretary's brief is due within 40 days from the date of filing of this order.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Edward H. Jackson
Jeffrey D. Klingman, Esq.
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